What is conservatorship?

On behalf of Gormley and Johnson Law Offices, PLC posted in Probate Litigation on Tuesday, June 12, 2018.

In Michigan, there is a process that allows you to help out someone else who can no longer make his or her own decisions. This process, according to the State Bar of Michigan, is called conservatorship. It is only used when an adult becomes incapacitated. Conservatorship requires that a person cannot make decisions for him or herself. They either do not have the ability to do so or are not mentally able to do so.

If you are seeking a conservatorship, you will help make decisions for this person regarding his or her property. You must petition the court to secure a conservatorship. The court must look at all the provided documentation to make a ruling during the hearing. If the court believes it is necessary, then you will be granted the right as conservator. If there are no objections and the person agrees to the conservatorship, then you may not even have to have a hearing and the court will grant it right away.

You can petition the court for yourself or if you hold an interest in the person's property and you are over the age of 18. You should have a close relationship with the person, either being a close family member or partner, but the court can grant it to anyone it chooses, even if that person is not related or close to the individual. As part of the procedure, you are also awarded compensation for your time, which is set by the court. This information is for education and is not legal advice.

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